Gardening Leave (15735/19)

Request

How many officers were suspended on full pay/’gardening leave’ in this calendar year?

For each officer, provide their rank, the nature of their misconduct, the total hours they have been suspended or on leave and the amount they have been paid while on leave.

Please provide the above information for 2018, 2017 and 2016.

Response

Please be advised that the information that you have requested is not available in a readily retrievable format. In relation Garden leave as this is not a centrally recording category within our systems.

Within our pay role record we would record an officers hours and pay, however to determine the hours and pay an officer has been paid whilst on suspension would require us to locate each pay role record and calculate the amount of hours they have been suspended for to create a total. As this is not held in retrievable format a manual calculation would need to be completed and data would need to be created to provide this. To complete this would exceed the cost under FOI as we would need to cross reference this information with data held on the rostering system.TH

The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.

In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request

However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and can provide information in relation to the rank, the start and end dates of the officer suspension, the allegation type and the pay scales of our officers. Officers work a 40 hour, so you will be able to calculate an approximate figure from the pay scales we have provided.  

This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests

Further information on section 12 of FOI is available here:

https://www.app.college.police.uk/app-content/information-management/freedom-of-information/#fees-and-charges

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